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May I suggest instead you approach NSW Fair Trading and ask for a Mediation session …
You seem to be implying that the owner can choose between Fair Trading and NCAT. This is not an either-or choice. Except for in a small number of exceptions, you MUST seek mediation at Fair Trading before you can expect NCAT to be involved.
The normal process in a situation like this would be:
- Approach the neighbour and politely ask them to do something about the noise.
- Failing the approach in 1, start gathering evidence such as:
- a diary of when the noise occurs and what form it takes,
- signed statements from visitors and neighbours confirming the noise nuisance
- audio recordings of the noise (you can make them on most smartphones)
3. Apply to Fair Trading for mediation.
4. If that doesn’t work, apply to NCAT for orders.
But, as I said above, first have a chat with Marrickville Legal Centre and they will give you free advice on how to proceed and may represent you at a hearing if approriate. NB: You don’t have to live in Marrickville – they cover the whole of NSW.